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Terms of service
Mandatory Arbitration & Dispute Resolution
YOU AND MARINDU LTD AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY WILL BE RESOLVED SOLELY BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION.
Arbitration Rules: AAA Commercial Arbitration Rules. Arbitrator selected jointly or by AAA.
Location: Jefferson County, Idaho, or video conference at claimant’s option.
Class Action Waiver: You waive any right to assert claims as a representative, class member, or in a private attorney general capacity.
Mass Arbitration: If 25 or more similar arbitration demands are filed, the parties agree to proceed with bellwether arbitrations of 10 representative cases, with the remainder stayed pending those outcomes.
AAA Fee Allocation: For claims under $10,000, Marindu Ltd will pay all AAA filing and arbitrator fees. For claims above $10,000, fees shall be allocated per AAA rules.
Exceptions: Small claims, intellectual property disputes, and emergency injunctive relief for unauthorized use of intellectual property or confidential information.
Severability: If the Class Action Waiver is invalid, this arbitration clause is void.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
Damage Cap: Liability is capped at the greater of: (1) fees paid in the last 12 months, or (2) $100. Some jurisdictions do not allow limitations; in those cases, liability is limited to the maximum extent permitted. WHERE APPLICABLE LAW PROVIDES FOR STATUTORY DAMAGES, LIABILITY IS LIMITED TO THE LESSER OF: (1) ACTUAL DAMAGES PROVEN, OR (2) THE MINIMUM STATUTORY AMOUNT REQUIRED BY LAW.
Warranty Disclaimers
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE.
Expanded Indemnification
You agree to indemnify and hold harmless Marindu Ltd, its officers, directors, employees, and agents against all losses, costs, and damages (including attorneys’ fees) to the extent permitted by law, arising from:
• Violation of these Terms
• Unlawful use of the Service
• Violation of third-party rights
• Content you submit
• Your negligence or misconduct
• Product liability claims tied to third-party retailers
Retail Partnership Liability
Purchases via third-party retailers (Amazon, Walmart, etc.) are subject to those platforms’ terms. We are not responsible for their order handling or customer service. Product warranties still apply regardless of channel. Customers may process warranty claims either through us or the retailer. Some orders may be drop-shipped. This disclaimer does not limit our responsibility for product safety and compliance.
Force Majeure & Service Interruption
We are not liable for failures caused by natural disasters, war, terrorism, civil unrest, supply chain disruptions, or government actions. Service availability may be interrupted for maintenance or operational reasons.
Accessibility Commitment
We strive to maintain WCAG 2.1 AA compliance. Contact accessibility@marindu.com for assistance. We may also conduct accessibility audits periodically and provide alternative access formats upon request. We will respond to accommodation requests within 5 business days.
International Users & Governing Law
Our services are intended for U.S. users. By using them abroad, you consent to U.S. processing of your data. This Agreement is governed by Idaho law (including Idaho Code § 48-601 et seq.) and federal law, with jurisdiction in Jefferson County, Idaho, subject to the arbitration clause.
California Residents: Nothing in these Terms limits rights granted under California Civil Code § 1542 or the Unruh Civil Rights Act. California residents may contact the California Department of Consumer Affairs at dca.ca.gov.
Cross-Border Enforcement: If any provision is found unenforceable in a jurisdiction, it will be modified to the minimum extent necessary to remain enforceable while preserving its intent.
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